HomeMy WebLinkAbout06-Council Minutes
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor PotrU:k J. Morm
ColUldl Members:
Esther Estrodtl
Dennis J. Boxter
Tobin Brinleer
Fred Shoret!
Chas Kelley
RiKke Van Johnson
Wendy McCtunmtlck
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MINUTES
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
AND THE
JOINT POWERS FINANCING AUTHORITY
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JUNE 15, 2009
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council and Community
Development Commission of the City of San Bernardino was called to order by
Mayor/Chairman Morris at 1:39 p.m., Monday, June 15,2009, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
RoD Call
Present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Shorett, Kelley, Johnson, McCammack; City Attorney
Penman, City Manager McNeely, City Clerk Clark.
None.
Absent:
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
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06/15/2009
Belinski, Paul v. City, et al. - U.S. District Court, Case No. CV08-8571;
Odom, Teriz v. City, et al. - San Bernardino County Superior Court,
Case No. CNSS 707125.
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A.F) of
Government Code Section 54956.9:
Inland Communities Corp. v. City of San Bernardino (Paradise Hills)
Claim of Nextel Boost v. City of San Bernardino
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
City of San Bernardino v. California Stale University
D. Closed Session - personnel - pursuant to Government Code Section
54957:
City Attorney Administralion Supervisor
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code Section
54957.
F. Conference with labor negotiator - pursuant to Government Code Section
54957.6.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
Property Address: 120 South D Street, San Bernardino
APN: 0136-122-60
Agency Negotiator: Emil A. Marzullo, Interim Executive
Director of the Redevelopment Agency, on
behalf of the Joint Powers Authority
Negotiatin.ll Parties: Tim J, Burgess
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06/15/2009
Under Nel!;otiation: Purchase price, terms and conditions
City Attorney Penman announced that the following additional items would be
discussed in closed session:
Under Agenda Item No. lB, significant exposure to litigation:
The claim of Mekione Samatua, Faena Forsythe, Pepsima Tofili and Violeta
Aga; and
Agenda Item No.9.
Reading of Resolutions & Ordinances
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council, Community
Development Commission, and the Joint Powers Financing Authority.
Musical Presentation
Council Member/Commissioner Kelley introduced the Zanja Fife and Drum Corps who
performed several songs in honor of Flag Day and the 4'" of July.
Moment of Silence
Mayor/Chairman Morris requested a moment of silence in memory of Barbara Alton
Potter.
Invocation/Pledge of Allegiance
The invocation was given by Reverend David Starr of St. John's Episcopal Church. The
pledge of allegiance was led by Richard Callo, a 6'" grade student from Burbank
Elementary School.
2. Appointments - Nick Calero - Bicentennial Committee - Council Member
Kelley
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that the appointment of Nick Calero to the
Bicenteunial Committee, as requested by Council Member Kelley, be approved.
The motion carried unAnimOUSly.
3. Presentations
Mayor/Chairman Morris presented a resolution and proclamation to Allen" Ali"
Cayir, President of Transtech Engineers, Inc., congratulating him on being the
2009 recipient of the Ellis Island Medal of Honor, which is presented to
distinguished citizens who have demonstrated dedication to community service
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06/15/2009
and to preserving and celebrating the history, traditions and values of his native
country, as well as this nation; for building bridges between ethnic, racial, and
religious groups in the United States and/or abroad; and for sharing his personal
and professional gifts for the benefit of humanity.
Steve Shaw, Chairman of the Bicentennial Committee's Historical Sub-
committee, presented an update of the committee's activities in preparation for the
City's Bicentennial celebration.
The following individnals were presented a service pin award by
Mayor/Chairman Morris in recognition of their many years of dedicated service
to the City:
Name
Rachel Clark
Brett Baumgartner
Steve Carrizales
Department
City Clerk
Police
Police
Years of Service
20
25
5
4. Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
various civic, community, and chamber events and activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council,
Community Development Commission, and the Joint Powers Financing
Authority, be waived. The motion carried unAnimously.
6. Item deleted
7. Claims & Payroll
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the claims and payroll and the authorization
to issue warrants as listed in the memorandum dated June 4, 2009, from Barbara
Pachon, Director of Finance, be approved. The motion carried unAnimously.
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06/1512009
8. Personnel Actions
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the personnel actions, as submitted by the
Chief Examiner, dated June 11, 2009, in accordance with Civil Service rules and
Personnel policies adopted by the Mayor and Common Council of the City of San
Bernardino, be approved and ratified. The motion carried unanimously.
9. RES. 2009-144 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a Master Services
Memorandum of Understanding with the Water Department for provision of
City services for Fiscal Year 2009/2010.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2009-144 was adopted unanimonsly.
10. RES. 2009-145 - Resolution of the Mayor and Common Council authorizing
a License Agreement with Sprint Communications Company, L.P. permitting
access to communications condnit beneath the City.
Council Member/Commissioner McCammack stated that she had a conflict
relative to this issue and would be abstaining.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2009-145 was adopted with McCammack abstaining.
11. RES. 2009-161 - Resolution of the City of San Bernardino amending
Resolution 2009-122 establishing certain fees for services furnished by the
City of San Bernardino, eliminating the Police Department fee for Fix-It-
Ticket-Officer-Sign-OfT.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2009-161 was adopted unanimously.
12. Authorization to proceed and approval of Plan No. 12651 - Proposed street
vacation of a portion of 25'" Street between "Goo Street and "F" Street, and a
portion of Berkeley A venue between 25'" Street and 2()'h Street
City Attorney Penman declared a conflict because his wife is a member of the San
Bernardino City Unified School District Board of Trustees.
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06/15/2009
Council Member/Commissioner McCammack expressed concern that these
properties were not being maintained by the school district.
Valerie Ross, Director of Development Services, stated that she had contacted the
school district and they recently sent out a landscaping crew, but they have not
yet begun demolition. She stated that the school district has fenced all the
properties they currently own and the properties that are unmaintained and
unfenced are properties that the district has not yet acquired.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the Director of Development Services and
the City Clerk be authorized to proceed with the proposed street vacation of a
portion of 25th Street between "G" Street and "F" Street, and a portion of
Berkeley Avenue between 25th Street and 26th Street; and that Plan No. 12651
showing the proposed street vacation of a portion of 25th Street between "G"
Street and "F" Street, and a portion of Berkeley Avenue between 25th Street and
26th Street, be approved. The motion carried with McCammack voting "no".
13. RES. 2009-162 - Resolution of the City of San Bernardino approving
Amendment No. 3 to Agreement for Professional Services with Transtech
Engineers, Inc. to provide program management services for the Santa Fe
Depot parking structure (GB04-19).
Council Member/Commissioner Estrada stated that the staff report indicated that
staff had been notified by Transtech Engineers, Inc. that the City's decision to
separately bid the realignment of Viaduct Boulevard increased their cost
substantially and she wanted to know what that cost was.
Valerie Ross, Director of Development Services, stated that they were still
discussing that with Transtech.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2009-162 was adopted unanimously.
14, RES. 2009-146 - Resolution of the City of San Bernardino declaring its
intention to order the vacation of Romo Road, north of Sixth Street, west of
Del Rosa Drive.
City Attorney Penman declared a conflict because his wife is a member of the San
Bernardino City Unified School District Board of Trustees. He stated that Mr.
Sabo had reviewed and signed the resolution.
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06/15/2009
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2009-146 was adopted unanimously.
15. Resolution of the City of San Bernardino authorizing and directing the
execution of a Grant of Easement to Southern California Edison across City
owned property located on the northeast comer of Palm Avenue and
Irvington Avenue, known as Tom Minor Park (APN 0261-691-48).
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the Council/
Commission meeting of July 6, 2009. The motion carried unanimously.
16. RES. J-53 - Resolution of the San Bernardino Joint Powers Financing
Authority establishing the fair market value of that certain parcel of real
property located at 120 South "D" Street, San Bernardino, commonly known
as Assessor's Parcel Number 0134-122-60, relative to the relocation of the
Fire Department's maintenance facility, authorizing said purchase and
authorizing and directing the execution of a Purchase and Sales Agreement.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted; and that the City
Attorney's Office and the Director of Development Services be authorized to
proceed with the preparation of all necessary documents for financing the
proposed purchase under the Joint Powers Financing Authority. Resolution No.
J-53 was adopted unanimously.
17. Resolutions approving the 2009/2010 Assessment RoDs - various Assessment
Districts
Note: No resolutions were distributed with the backup materials.
Council Member/Commissioner Johnson stated that he had a conflict regarding
Agenda Item No. I7C because that landscape maintenance district is located
within 500 feet of his property.
Resolution of the City of San Bernardino conf"1rming the 2009/2010
Assessment RoD for Assessment District No. 951, Zone 1 and Zone 2,
Landscaping Construction and Maintenance District, Wagonwheel Road
Area, (17A)
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06/15/2009
Resolution of the City of San Bernardino confirming the 2009/2010
Assessment Roll for Assessment District No. 952, Zone I, Zone 2, Zone 2A,
and Zone 3, Landscaping Construction and Maintenance District, State
University area. (17B)
Resolution of the City of San Bernardino confJnDing the 2009/2010
Assessment Roll for Assessment District No. 953, Landscaping Maintenance
District, 16th Street and Medical Center Drive Area. (17C)
Resolution of the City of San Bernardino confirming the 2009/2010
Assessment Roll for Assessment District No. 956, Landscaping Maintenance
District, Carnegie Drive area. (lID)
Resolution of the City of San Bernardino confirming the 2009/2010
Assessment Roll for Assessment District No. 959, Zone 1 and Zone 2,
Landscaping Maintenance Assessment District, Shandin Hills area. (17E)
Resolution of the City of San Bernardino confirming the 2009/2010
Assessment Roll for Assessment District No. 962, Sewer Lift Station
Maintenance District, Pine Avenue area. (l7F)
Resolution of the City of San Bernardino confJnDing the 2009/2010
Assessment Roll for Assessment District No. 963, Sewer Lift Station
Maintenance District, Allen Street area. (l7G)
Resolution of the City of San Bernardino confJnDing the 2009/2010
Assessment Roll for Assessment District No. 968, Landscaping Maintenance
District, Airport Drive. (17H)
Resolution of the City of San Bernardino confirming the 2009/2010
Assessment Roll for Assessment District No. 974, Landscaping Maintenance
District, Rialto Avenue and Eucalyptus Avenue area. (171)
Resolution of the City of San Bernardino confJnDing the 2009/2010
Assessment Roll for Assessment District No. 975, Landscaping Maintenance
District, Pepper Avenue and Mill Street area. (17J)
Resolution of the City of San Bernardino confirming the 2009/2010
Assessment Roll for Assessment District No. 976, Landscaping Maintenance
District, Pine Avenue and Belmont Avenue area. (17K)
Resolution of the City of San Bernardino confJnDing the 2009/2010
Assessment Roll for Assessment District No. 981, Landscaping Maintenance
District, Meridian Avenue and Randall Avenue area. (17L)
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06/15/2009
Resolution of the City of San Bernardino confirming the 2009/2010
Assessment RoD for Assessment District No. 982, Landscaping Maintenance
District, Piedmont Drive area. (17M)
Resolution of the City of San Bernardino confuming the 2009/2010
Assessment RoD for Assessment District No. 986, Landscaping Maintenance
District, Rialto Avenue and Macy Street area. (17N)
Resolution of the City of San Bernardino confmning the 2009/2010
Assessment RoD for Assessment District No. 989, Sewer Lift Station and
Landscaping Maintenance District, Mill Street and Macy Street area.
(170)
Resolution of the City of San Bernardino confuming the 2009/2010
Assessment RoD for Assessment District No. 991, Landscaping Maintenance
District, Verdemont Drive and Olive Avenue area. (17P)
Resolution of the City of San Bernardino confirming the 2009/2010
Assessment RoD for Assessment District No. 993, Landscaping Maintenance
District, Cajon Boulevard and June Street area. (17Q)
Resolution of the City of San Bernardino confuming the 2009/2010
Assessment RoD for Assessment District No. 997, Landscaping Maintenance
District, Chestnut Avenue area. (17R)
Resolution of the City of San Bernardino confirming the 2009/2010
Assessment RoD for Assessment District No. 1001, Landscaping Maintenance
District, Pennsylvania Avenue and Birch Street area. (17S)
Resolution of the City of San Bernardino confirming the 2009/2010
Assessment RoD for Assessment District No. 1002, Landscaping Maintenance
District, "H" Street area. (171')
Resolution of the City of San Bernardino confuming the 2009/2010
Assessment RoD for Assessment District No. 1005, Landscaping Maintenance
District, Cajon Boulevard and Pepper Linden Avenue (Campus Parkway)
area. (1~
Resolution of the City of San Bernardino confirming the 2009/2010
Assessment RoD for Assessment District No. 1007, Landscaping Maintenance
District, Pepper A venue and RandaU Avenue area. (17V)
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06/15/2009
Resolution of the City of San Bernardino conf"1rming the 2009/2010
Assessment Roll for Assessment District No. 1012, Landscaping Maintenance
District, Mill Street and Burney Street area. (17W)
Resolution of the City of San Bernardino confirming the 2009/2010
Assessment Roll for Assessment District No. 1016, Landscaping Maintenance
District, Coulston Street area. (17X)
Resolution of the City of San Bernardino confmning the 2009/2010
Assessment Roll for Assessment District No. 1017, Landscaping Maintenance
District, Pine Avenue and Kendall Drive area. (17Y)
Resolution of the City of San Bernardino confmning the 2009/2010
Assessment Roll for Assessment District No. 1018, Northpark Boulevard and
Mountain Drive Acquisition Assessment'District. (17Z)
Resolution of the City of San Bernardino confmning the 2009/2010
Assessment Roll for Assessment District No. 1019, Landscaping Maintenance
District, Northpark Boulevard and Mountain Drive area. (17AA)
Resolution of the City of San Bernardino confirming the 2009/2010
Assessment Roll for Assessment District No. 1020, Landscaping Maintenance
District, Mill Street and Dallas Avenue area. (l78B)
Resolution of the City of San Bernardino confirming the 2009/2010
Assessment Roll for Assessment District No. 1022, Zone 1, Zone 2 and Zone
3, Landscaping and Street Lighting Maintenance Assessment District,
SBIAA/Alliance California area. (17CC)
Resolution of the City of San Bernardino conrmning the 2009/2010
Assessment Roll for Assessment District No. 1023, Landscaping Maintenance
District, Elm Avenue and Coulston Street area. (l7DD)
Resolution of the City of San Bernardino confmning the 2009/2010
Assessment Roll for Assessment District No. 1024, Landscaping Maintenance
and Sewer Lift Station District, Inland Center Drive and Riverwalk Drive
area. (l7EE)
Resolution of the City of San Bernardino conrll"lDing the 2009/2010
Assessment Roll for Assessment District No. 1025, Landscaping Maintenance
District, Palm Avenue and Washington Street area. (17FF)
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06/15/2009
Resolution of the City of San Bernardino conf"mning the 2009/2010
Assessment Roll for Assessment District No. 1027 Landscaping Maintenance
District, Waterman Avenue and Washington Street area. (17GG)
Resolution of the City of San Bernardino conf"mning the 2009/2010
Assessment Roll for Assessment District No. 1028 Landscaping Maintenance
District, Ohio Avenue and Walnut Avenue area. (17HH)
Resolution of the City of San Bernardino conf"mning the 2009/2010
Assessment Roll for Assessment District No. 1029 Landscaping Maintenance
District, California Street and l(i'h Street area. (1711)
Resolution of the City of San Bernardino conf"mning the 2009/2010
Assessment Roll for Assessment District No. 1030, Landscaping Maintenance
District, Magnolia Avenue and Ohio Avenue area. (17JJ)
Resolution of the City of San Bernardino conf"mning the 2009/2010
Assessment Roll for Assessment District No. 1031 Landscaping Maintenance
District, Irvington A venue and Olive Avenue area. (17KK)
Resolution of the City of San Bernardino conf"mning the 2009/2010
Assessment Roll for Assessment District No. 1032, Landscaping Maintenance
District, Palm Avenue and Verdemont Drive Area. (17LL)
Resolution of the City of San Bernardino conf"mning the 2009/2010 Special
Tax for certain parcels of real property within Community Facilities District
No. 1033 for a portion of the operation and maintenance costs of the
Verdemont Fire Station. (17MM)
Resolution of the City of San Bernardino conrmning the 2009/2010
Assessment Roll for Assessment District No. 1035, Zone 1 and Zone 2,
Landscaping Maintenance District, Palm Avenue and Meyers Road area.
(17NN)
Resolution of the City of San Bernardino conf"mning the 2009/2010
Assessment Roll for Assessment District No. 1036, Landscaping Maintenance
District, Northpark Boulevard and Campus Parkway area. (1700)
Resolution of the City of San Bernardino conf"mning the 2009/2010
Assessment Roll for Assessment District No. 1037, Landscaping Maintenance
District, Belmont Avenue and Magnolia Avenue area. (I7PP)
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06/15/2009
Resolution of the City of San Bernardino confirming the 2009/2010
Assessment Roll for Assessment District No. 1038, Landscaping Maintenance
District, Orange Show Road and Arrowhead Avenue area. (17QQ)
Resolution of the City of San Bernardino confirming the 2009/2010
Assessment Roll for Assessment District No. 1039, Landscaping Maintenance
District, Irvington Avenue and Chestnut Avenue area. (17RR)
Resolution of the City of San Bernardino conf"mning the 2009/2010
Assessment Roll for Assessment District No. 1040, Landscaping Maintenance
District, Acacia Avenue and Hill Drive area. (17SS)
Resolution of the City of San Bernardino conf"mning the 2009/2010
Assessment Roll for Assessment District No. 1041, Landscaping Maintenance
District, Magnolia Avenue and Ohio Avenue area. (17TI)
Resolution of the City of San Bernardino conf"lI"IIling the 2009/2010
Assessment Roll for Assessment District No. 1042, Landscaping Maintenance
District, Shandin Hills Drive and Shady Creek Drive area. (17UU)
Resolution of the City of San Bernardino confirming the 200912010
Assessment Roll for Assessment District No. 1043, Zone 1 and Zone 2,
Landscaping Maintenance District, Palm Avenue and Irvington Avenue area.
(17VV)
Resolution of the City of San Bernardino confirming the 200912010
Assessment Roll for Assessment District No. 1045 Landscape Maintenance
District, located in the Waterman Avenue and Orange Show Road area.
(17WW)
Resolution of the City of San Bernardino conf"mning the 2009/2010
Assessment Roll for Assessment District No. 1046 Landscape Maintenance
District, Northpark Boulevard and Northstar Avenue area. (17XX)
Resolution of the City of San Bernardino conf"lI"IIling the 200912010
Assessment Roll for Assessment District No. 1047 Landscape Maintenance
District, located in the Ohio Avenue and Pine Avenue area. (17YY)
Resolution of the City of San Bernardino conf"lI"IIling the 2009/2010
Assessment Roll for Assessment District No. 1052 Landscape Maintenance
District, located in the Belmont Avenue and Chestnut Avenue area. (17ZZ)
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06/15/2009
Resolution of the City of San Bernardino conf"lI"ming the 2009/2010
Assessment Roll for Assessment District No. 1057 Landscape Maintenance
District, located in the Cajon Boulevard and University Parkway area.
(17 AAA)
Resolution of the City of San Bernardino conf"mning the 2009/2010
Assessment Roll for Assessment District No. 1059 Landscape Maintenance
District, located in the Orange Show Road and Tippecanoe Avenue area.
(I78BB)
Resolution of the City of San Bernardino conf"l1"DIing the 2009/2010
Assessment Roll for Assessment District No. 1063 Landscape Maintenance
District, located in the Central Avenue and Lena Road area. (17CCC)
Resolution of the City of San Bernardino conf"mning the 2009/2010
Assessment Roll for Assessment District No. 1064 Landscape Maintenance
District, located in the Cajon Boulevard and Glen Helen Parkway area.
(I7DDD)
Resolution of the City of San Bernardino, authorizing and setting the Special
Tax Rate for that certain area generally located north of Jlighlsmd Avenue,
east of Golden Avenue for paramedic services, Special Tax Area 2006-1, and
approving the Fiscal Year 2009/2010 Tax Roll. (I7EEE)
Council Member/Commissioner Estrada requested that future projects be listed by
Ward.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the matter be continued to the
Council/Commission meeting of July 6, 2009. The motion carried
unanimously.
18, RES. 2009-147 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing execution of an agreement and the issuance of
an annual purchase order to SK Telecon, Inc. for the cable pull services to
the City's telephone system for the Facilities Management Department in the
amount of $35,678.00.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2009-147 was adopted unanimously.
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06/15/2009
19. RES. 2009-148 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing execution of an agreement and the issuance of
an annual purchase order with three one-year renewal options to Nexus I.S.
for the equipment maintenance of the City's telephone system for the
Facilities Management Department in the amount of $47,784.96.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2009-148 was adopted unAnimously.
20. RES. 2009-149 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a contract and issuance of an
annual purchase order with three one-year renewal options to Securitas
Security Services USA, Inc. for security guard services at the San Bernardino
Metrolink Station.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2009-149 was adopted unAnimously.
21. RES. 2009-150 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City of San Bernardino to enter into a
Memorandum of Understanding (MOll) with ICEMA (Inland Counties
Emergency Medical Agency) to accept laptop/table "Toughbook" computers
and participate in the Regioual Emergency Medical Services electronic data
collection program.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2009-150 was adopted unAnimously.
22. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City to donate two (2) fire apparatus from surplus to the
Public Safety Academy.
Note: No resolution was distributed with the backup materials.
City Attorney Penman requested a two-week continuance and stated that his office
would be bringing forward an amendment to the Municipal Code relative to this
issue.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to the Council/
Commission meeting of July 6,2009. The motion carried unAnimously.
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06/15/2009
23. RES. 2009-151 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of a continuation grant application
to the Corporation for National and Community Service, and accepting the
amount of $295,349 to continue the adminllltration and operation of the
Senior Companion Program for the period of July 1, 2009 through June 30,
2010.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2009-151 was adopted unanimously.
24. RES. 2009-152 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving Amendment No. 1 to the Consultant Services
Agreement with the Counseling Team International to provide employee
assistance services to City employees.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2009-152 was adopted unanimously.
25. RES. 2009-153 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving Amendment No. 1 to the Consultant Services
Agreement with Lien On Me, Inc. to provide Workers' Compensation
medical bill review services.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2009-153 was adopted unanimously.
26. RES. 2009-154 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and the
issuance of a purchase order to Accela, Inc., for maintenance of the
Permits+ System.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2009-154 was adopted unanimously.
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06/15/2009
27. Authorize implementation of the Parks Division Proposal relative to Parks
Maintenance staff'mg
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the Parks Division Proposal (Exhibit" A")
relative to staffing at Park sites be implemented; that five (5) Parks Maintenance
Workers III and six (6) Parks Maintenance Workers II positions be reinstated;
and that the Director of Finance be authorized to include these changes in the
final FY 2009/10 budget. The motion carried unAnimously.
28, RES. 2009-155 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a Vendor Service
Agreement and the Director of Finance to issue an annual purchase order in
the amount of $29,500, with a contingency amount of $6,500, to Inter Valley
Pool Supply for swimming pool chemicals (chlorine and acid) for FY 2009/10,
with two single-year renewal options.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2009-155 was adopted unAnimously.
29. RES. 2009-156 - A Resolution authorizing the execution of an agreement and
issuance of a purchase order in the amount of $73,926.84 to Yale/Chase
Equipment of Fontana pursuant to Section 3.04.010-83 of the Municipal
Code for a JCB 3CX14 4WD Backhoe/Loader to be utilized by the Public
Services Department Street Division Sewer Maintenance Crew.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2008/2009 budget by
transferring $73,300 from Account No. 132-431-5704 (Miscellaneous
Equipment), to Account No. 132-431-5701 (Motor Vehicles). The motion
carried and Resolution No. 2009-156 was adopted unanimously.
30. RES. 2009-168 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the submittal of the Energy Efficiency and
Conservation Block Grant application to develop an Energy Efficiency &
Conservation Strategy.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-168 was adopted unAnimously.
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06/15/2009
31. RES. 2009-169 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of the 2009 Assistance to
Firefighters Grant Program on-line application to the Department of
Homeland Security in the amount of $351,350,
Jay Lindberg stated that he spoke a couple of weeks ago about the need to look
at alternatives to having a City fire department. He stated that the City can't keep
borrowing from the Federal Government which is, at last estimate, $1.8 trillion in
debt for the next fiscal year.
Council Member/Commissioner McCammack stated that the total grant match is
$70,270, and she wondered where it was going to come from.
City Manager McNeely stated that staff is going to apply for the grant, and if it is
approved, they will find the $70,000 for the resultant grant.
Chief Conrad stated that the $70,000 would have to be found to make the match,
and, as far as he knew, it was not currently contained in the budget. He stated
that this grant would help pay for essential safety equipment that they are going to
be required to buy in the near future such as breathing apparatus, pressurized
tanks, and masks.
Council Member/Commissioner Brinker stated that there is a Federal rule called
"Pay Go," or "Pay As You Go," which looked like a smart policy especially in
this economy, but they need to create some sort of internal policy that would
identify beforehand where the money was going to come from.
Council Member/Commissioner Estrada asked if these items had been cut from
other proposed expenditures.
Chief Conrad stated that they did not program the replacement of the breathing
apparatus into this year's budget. He stated that they had received $480,000 from
this grant last year and it was used to pay for some safety equipment and the
exhaust systems in their station. He stated that he didn't have a lot of hope they
would be awarded money two years in a row, but there is always that chance so
he felt they should probably take that opportunity.
Council Member/Commissioner Estrada asked if either the Chief or the City
Manager had any ideas of where this money was going to come from.
City Manager McNeely stated that they will be challenged to find it, but his goal
is to find it, He stated that he agreed with Counci1man Brinker that they ought to
be able to identify up front where the money is coming from.
17
06/15/2009
Council Member/Commissioner Brinker asked how quickly the new grants
position could be filled, if approved, and how quickly could they identify the
money.
Mr. McNeely stated that the grants position would first go to the Personnel
Committee before it goes to the Council, and they will expedite the recruitment as
quickly as possible. With respect to the identification of the $70,000, Mr.
McNeely requested that he be given some time over the next 30 to 60 days to
come up with some ideas.
Council Member/Commissioner Baxter asked Chief Conrad if the Fire
Department had set aside a certain amount of money predicated upon the
possibility that they may receive that same grant again.
Chief Conrad stated that he did not set aside any money for grants,
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted. Resolution No.
2009-169 was adopted unAnimously.
32. RES. 2009-170 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the purchase of a CBRNE respouse vehicle
from LENCO Corporation of Pittsfield, MA in an amount not to exceed
$340,000.00.
Council Member/Commissioner Johnson voiced his concerns regarding the
potential use of this vehicle.
City Manager McNeely stated that he would meet with the Police Chief in order
to create some policy guidelines regarding the use of this vehicle.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-170 was adopted with Johnson voting "no".
33. Moved to Item #23 on the agenda
34. RES. 2009-171 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of the application by the City
Manager to the Office of Juvenile Justice and Delinquency Prevention for the
Second Chance Act Youth Offender Reentry Initiative Grant.
18
06/15/2009
Council Member/Commissioner McCammack stated that she would be abstaining
on this item due to the fact that it involved one of her clients. She left the
Council Chambers and returned after the vote was taken.
Jay Lindberg spoke about the corruption of the Office of National Drug Control
Policy.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2009-171 was adopted with McCammack abstaining.
35, Ordinance of the City of San Bernardino amending Chapter 15 of the San
Bernardino Municipal Code adding Section 15.10.030 to designate very high
f"1re hazard severity zones as recommended by the Director of the California
Department of Forestry and Fire Protection within the City of San
Bernardino as depicted on a map titled City of San Bernardino Very High
Fire Hazard Severity Zones dated October 29, 2008, and retained on me at
the Office of the City Clerk, 300 N. D Street, San Bernardino, California.
FIRST READING
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said ordinance be laid over for final
adoption, The motion carried unanimously.
36. Item deleted
37. Request for Civic & Promotion funding for the 2009 4th of July Parade and
Celebrations at Court Street Square and at the Arrowhead Credit Union
Park
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the Mayor and Common Council authorize
$30,000 in Civic and Promotion funding to conduct the 2009 4'" of July Parade,
the Court Street Square Family Celebration and the Fireworks Spectacular
Celebration at the Arrowhead Credit Union Park. The motion carried
unanimously.
38. Public Hearing - An Ordinance of the City of San Bernardino amending
Development Code Sections 19.06.025, Prohibited Uses, 19.06.030(2)(8),
Alcoholic Beverage Control (ABC) Licenses, and 19.06.030(2)(F),
Convenience Stores (Development Code Amendment No. 08-03)
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06/15/2009
An Ordinance of the City of San Bernardino amending Chapter 19.06,
Commercial Districts, Section 19.06.02S(I)(F) and (G), and (3), Section
19.06.030(2)(8)(1), (2), (3), (4), and (7) and Section 19.06.030(2)(F)(1), (2),
(5), (7), (8), (16), and (20) of the San Bernardino Municipal Code
(Development Code) related to Prohibited Uses, Alcoholic Beverage Control
"ABC" Licenses, and Convenience Stores. FIRST READING
Mayor/Chairman Morris opened the hearing.
Valerie Ross, Director of Development Services, presented highlights of the staff
report and distributed copies of the strike out version of Section 19.06.025 of the
Municipal Code (Development Code) relative to Prohibited Uses.
Council Member/Commissioner Estrada expressed concern regarding No.7 on
Page 11-64, which states: "Security cameras with a DVR shall be installed
according to recommendations of the Police Department." She stated that the law
should be more specific and should require that the cameras must be operable.
Ms. Ross recommended that No.7 be amended as follows: "Security cameras
with a DVR shall be installed and continuously recording as per the
recommendations of the Police Department".
Pursuant to Resolution No. 2000-279, Deputy City Clerk Ochiqui administered an
oath to the following individuals that they would provide true and honest
testimony:
Amelia Lopez stated that she coordinates community prevention programs in
alcohol and drug abuse for the County Department of Public Health. She stated
that for the past two years her office has been working collaboratively with the
Mayor's office to promote strategies to reduce the availability and the
accessibility of alcohol and drugs within the City. She stated that they have
established on. going responsible alcohol beverage training for retailers in the
City; they have formed a drug free San Bernardino Community Coalition to guide
the planning process; and they recently submitted a grant application on behalf of
the City that, if funded, would require them to expand their prevention efforts.
She stated that they have been collaborating with, and very strongly support, the
office of City Attorney Penman in the enforcement of restricting the sale of single
alcoholic beverage containers. She asked that the Council not approve this
ordinance to amend Development Code Sections on Prohibited Uses, ABC
Licenses, and Convenience Stores. She asked the Council not to amend the Code
to allow another alcohol outlet to operate in the City for the following reasons: l)
The City already has a high crime rate; 2) The proximity to youth sensitive
20
06/15/2009
areas-this particular outlet is close to an elementary school; and 3) The City's
existing alcohol density is already high.
Ms. Lopez distributed copies of a report from Dr. Robert Nash Parker, UCR
Professor and director of the Presley Center for Crime and Justice, who is
considered one of the nation's foremost leaders in documenting the connection
between alcohol and the prevalence of crime, violence, and anti-social behavior.
She stated that Dr. Parker is volunteering his time with the City of San
Bernardino to do a similar study, and his studies indicate that the higher the
density of alcohol outlets within a community, the more likely that community is
plagued by violence. In addition to the article by Mr. Parker, Ms. Lopez
distributed copies of the following articles to the Mayor and Council: Alcohol
Outlet Density Linked to Gang Violence; Evaluating the Impact of Outlet Density
on Crime; and Alcohol Environments and Disparities in Exposure Associated with
Adolescent Drinking in California.
Ms. Lopez urged the Council to take into consideration the connection between
alcohol density and crime in the City before making a decision.
Mark Ostoich stated that he has worked extensively with the City Attorney's
office, the Legislative Review Committee, and staff, in attempting to craft the
convenience store provisions in the proposed amendment. He stated that he
believed that the Council, armed with the proposed amendment, would be in a
very good position to reasonably and responsibly control convenience stores,
including alcohol sales within convenience stores, in the City. He stated that he
believed this would be good for business.
Ricardo Hurtado, Real Estate Manager for Dollar Tree Stores, Inc., stated that
in regards to Section 19.06.025, he requested that the Council consider reducing
the threshold from 15,000 to 10,000 square feet so that they would have a chance
to open and operate in the City of San Bernardino, which they have been trying to
do for quite some time.
Council Member/Commissioner McCammack stated that any establishment that
sells alcohol should not be within one mile of each other, a school, a church, a
public park, or a public facility, which includes community centers, etc. She
stated that the only other thing she felt was important and should have been
included in the ordinance is that there should be no vending machines and/or
products placed outside for sale.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that the hearing be closed; that said ordinance be
laid over for final adoption amending Section 19.06.025 (3) to read as follows:
"Section 19.06.025 (1) shall not apply to any of the enumerated uses if that use is
21
06/15/2009
exclusively established in single independent building exceeding 10,000 square
feet in size or occupy a 10,000 square foot tenant space in a multi-tenant center";
and that the following language be added to Section 19.06.030 (F)(7): "Security
cameras with a DVR shall be installed and continuously recording as per the
recommendations of the Police Department." The vote was taken following
additional discussion.
Council Member/Commissioner Shorett stated that he was not in favor of
developing a liquor store on every comer; however, he believed this would give
the Council an opportunity to look at each case and would provide a tool to
establish the criteria for these types of stores.
Council Member/Commissioner McCammack stated that the reason the
moratorium was put into place in the first place was because of the types of
businesses that are not properly maintained and don't have the necessary
enforcement. She stated that they have discussed the issue of enforcement for
years, but they can't get it because it's not considered a high priority crime.
She stated that each case would have to come before the Council and they would
have to make a decision, but they could not deny an application just because they
don't want it in a particular location because the City will be sued. She stated
that the ordinance needs to say that new liquor/convenience stores cannot be
located within one mile of each other or a school, church, public facility, or
public park, and that vending machines shall not be permitted on the outside of
the convenience store.
Council Member/Commissioner McCammack made a substitute motion, seconded
by Council Member/Commissioner Estrada, that the square footage remain at
15,000 square feet as proposed; that the distance between stores be extended to
one mile; and that all vending machines and merchandise be kept inside the store.
No vote was taken.
Council Member/Commissioner Brinker stated that the one.mile locational
criteria that Council Member/Commissioner McCammack suggested was, in his
opinion, essentially the same as the moratorium because if you were to draw a
one.mile circle around every convenience store, school, park, etc., he didn't
think they could find any locations in the City where they could actually build a
convenience store where it would be convenient.
Ms. Ross stated that the provision to not allow merchandise out on the sidewalk is
in the Development Code, but it would not hurt to include it here. However, she
stated that she had just been informed by the Fire Marshall that the Fire Code
does not allow propane tanks to be stored inside the building. She noted that if
they modify No. 20 on Page 11-65, they would have to exclude propane tanks.
22
06/15/2009
Mayor/Chairman Morris asked the maker of the second, Council Member/
Commissioner Estrada, if she would accept the exclusion of propane tanks from
the prohibition,
Council Member/Commissioner Estrada stated that she would not accept that
amendment.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that the hearing be closed; that said ordinance be
laid over for final adoption amending Section 19.06.025 (3) to read as follows:
,"Section 19.06.025 (1) shall not apply to any of the enumerated uses if that use is
exclusively established in single independent building exceeding 10,000 square
feet in size or occupy a 10,000 square foot tenant space in a multi-tenant center";
and that the following language be added to Section 19,06.030 (F)(7): "Security
cameras with a DVR shall be installed and continuously recording as per the
recommendations of the Police Department." The motion failed. Ayes:
Brinker, Shorett, Kelley. Nays: Estrada, Baxter, Johnson, McCammack.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that the hearing be closed; that said ordinance be
laid over for final adoption; and that the following language be added to Section
19.06.030 (F)(7): "Security cameras with a DVR shall be installed and
continuously recording as per the recommendations of the Police Department."
The motion failed. Ayes: Brinker, Shorett, Kelley. Nays: Estrada, Baxter,
Johnson, McCammack.
39. RES. 2009-172 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the issuance of a purchase order to Waxie
Sanitary Supply for custodial supplies. (Continued from June 1, 2(09)
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2009-172 was adopted unanimously.
40. Resolution of the City of San Bernardino approving License Agreement No.
09-37471 with the Bur1ington Northern Santa Fe (BNSF) Railway for
maintenance of temporary shoring under the Mt. Vernon Viaduct between
2nd Street and 4th Street (BR#54COO66). (Continued from June 1, 2009)
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the Council!
Commission meeting of July 6,2009. The motion carried unanimonsly.
23
06/15/2009
41. ORD. MC-1308 - Urgency Ordinance of the City of San Bernardino
amending San Bernardino Municipal Code Section 8.60.095 regarding
regulatory fees for the sale of fireworks. URGENCY
Council Member/Commissioner Johnson stated that he could not support this item
because he felt it was time for the Council to start working with the non-profits to
help them come up with alternate ways to raise money.
John Kelly, Vice President of TNT Fireworks, asked where he could find the
estimated cost for education awareness and enforcement of fireworks for 2009.
He stated that he wanted to thank whoever made the decision to credit the
administrative fines against the total cost of said program and stated that he felt
that it was good that those who are creating the problem are also contributing to
controlling it. Mr. Kelly also asked how he could find out what was the total
amount of fines written in 2008 for Administrative Civil Penalties.
Jeff Brandenburg, representing Big Bear Phantom Fireworks, commended the
City for reducing the fee and stated that he felt that was a step in the right
direction. He stated that of approximately 70 communities in Southern California
that sell their products, he could count on one hand those that have taxed the
consumer or the group that's collecting it. He stated that the City has forgotten
why it allows the sale of safe and sane fireworks and that is because it is a safe
avenue for consumers and the public to buy a safe, controlled, fire marshal
approved item, and if the City didn't have that, it would have a much bigger
illegal fireworks problem that would end up costing a lot more money. He stated
that the City already gets some sales tax on this locally, but he did not see that in
the calculations.
Mr. Brandenburg stated that passing the tax onto the wholesaler would be very
difficult because they would have to make that up somewhere and to tax the
wholesalers on their gross sales would be pretty much impossible because they
don't control gross sales. He stated that they sell to the charities at a 50 percent
discount off the suggested retail prices, and then it's up to the non-profit to sell
the fireworks at 20 percent, 30 percent, 50 percent, or even higher. He stated
that he felt it would be worth the Council's time to review this issue further.
Council Member/Commissioner McCammack stated that she felt it may be
helpful for Way and Means to know the amount of gross sales that the fireworks
company literally sells to the non.profits.
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06/15/2009
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said urgency ordinance be adopted, and that
the matter be referred back to the Ways & Means Committee for further
discussion. The motion carried and Ordinance No. MC-1308 was adopted
with Johnson voting "no".
42. Item deleted
COMMUNITY DEVELOPMENT COMMISSION
Present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Shorett, Kelley, Johnson, McCammack; Sr. Assistant
City Attorney Wilson, Economic Development Agency Interim Executive
Director Marzullo and Agency Counsel Sabo, City Clerk Clark.
None.
Absent:
R43. Award of a Construction Contract for the Installation of a Fire Suppression
System - California Theatre of the Performing Arts located at 562 West 4th
Street (Central City North Redevelopment Project Area)
RES. 2009-173 - Resolution of the Mayor and Common Council of the City
of San Bernardino consenting to the funding of the Construction Contract for
the installation of rue sprinklers and a fire suppression system in the
California Theatre by and between the Redevelopment Agency of the City of
San Bernardino ("Agency") and Inland Building Construction Companies,
Inc., and making certain rmdings and determinations pursuant to Health &
Safety Code Section 33445 as to the benefit of such improvements to the State
College Redevelopment Project Area and the Tri-City Redevelopment Project
Area for undertaking of certain improvements to an Agency-owned facility
(Central City North Redevelopment Project Area). (R43A)
RES. CDC/2009-27 - Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the Interim
Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute a Construction Contract by and between
the Agency and Inland Building Construction Companies, Inc., for a rue
sprinkler and fire suppression system at the California Theatre (Central City
North Redevelopment Project Area). (R43B)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolutions A and B, be
adopted. Mayor and Common Council Resolution No. 2009-173 and
Community Development Commission Resolution No. CDC/2009-27 were
adopted unanimously.
25
06/15/2009
R44. RES. CDC/2009-28 - Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the Interim
Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute (1) the Termination Agreement of the
HOME Grant Agreement dated December 19, 2005, by and between Mary's
Mercy Center, Inc., and the Agency; and (2) the 2009 Low and Moderate
Income Housing Funds Grant Development Agreement by and between
Mary's Mercy Center, Inc., and the Agency for Veronica's Home of Mercy
II transitional housing project (lVDA Redevelopment Project Area).
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
CDC/2009-28 was adopted nnanimously.
R45. Mary Erickson Community Housing, Inc. ("MECH") - Delegation and
authorization for the implementation of the Neighborhood Stabilization
Program ("NSP") and approval of a certain Master Agreement between the
Agency and MECH
Resolution of the Mayor and Common Council of the City of San Bernardino
approving and authorizing the expenditure of certain Neighborhood
Stabilization Program ("NSP") Funds pursuant to the Housing and Economic
Recovery Act of 2008 ("HERA") in accordance with NSP Grant Number B-
08-MN-06-0520 in the principal amount equal to $8,408,558. (R4SA)
Note: Resolution R45A was not distributed with the backup materials.
Resolution of the Community Development Commiqjon of the City of San
Bernardino accepting the delegation of lIilminilltration and management for
the use of the City of San Bernardino Neighborhood Stabilization Program
("NSP") Funds in accordance with the Housing and Economic Recovery Act
of 2008. (R4SB)
Resolution of the Community Development Commi"sion of the City of San
Bernardino approving and authorizing the use of Low and Moderate Income
Housing Funds and Neighborhood Stabilization Program ("NSP") Funds
through a certain Master Agreement by and between the Redevelopment
Agency of the City of San Bernardino ("Agency") and Mary Erickson
Community Housing, Inc. ("MECH"), pursuant to the Neighborhood
Stabilization Program. (R4SC)
Staff requested a two-week continuance.
26
06/15/2009
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to the Council/
Commission meeting of July 6, 2009. The motion carried unanimously.
46. Appeal Hearing - Conditional Use Permit No. 08-21 (Appeal No. 08-07) -
Appeal of the planning Commi""ion's denial of a Conditional Use Permit to
convert an existing 6,747 square foot church building into a 56-bed homeless
shelter with related support facilities and office space located at 840 North
Sierra Way in the RM, Residential Medium, land use district. (Continued
from June I, 2009)
The hearing was closed at the Council/Commission meeting of April 6,2009.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to the Council/
Commission meeting of July 6, 2009. The motion carried unanimously.
47. RES. 2009-163 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Arias & Lockwood and the City of San Bernardino for
legal services in the case of Edward J(jng, et aI. v. City of San Bernardino, et
aI., United States District Court, Case No. CV-09-01339-SJO (PJWx). (See
related Agenda Item Nos. 48-51)
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that Agenda Item Nos. 47 through 56 be added
to the consent calendar. The motion carried unanimously.
Subsequently, Agenda Item Nos. 47 through 51 were pulled by Council Member/
Commissioner Brinker for the purpose of discussion.
Note: Agenda Item Nos, 47 through 51 were discussed and voted on
simultaneously.
Council Member/Commission Brinker stated that a budget hearing was scheduled
for tomorrow and part of that hearing was to talk about the City Attorney's
budget. He asked if it would be better to hold off discussing these particularPitems until after tomorrow's budget hearing as he wanted to look at these items in
terms of the big picture instead of doing it piecemeal.
City Attorney Penman stated that he was not planning to make a presentation at
tomorrow's budget meeting.
27
06/15/2009
He stated that he did not want to hold this matter off for one day because the
attorneys assigned to these cases were already working on them. He stated that
most of these lawsuits involve police officers who are being sued and some
involve other City officials who are being sued and they want to know who is
going to be representing them. They want to know that they are going to be
defended.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted. The
vote was taken following additional discussion.
Council Member/Commissioner Brinker made a substitute motion, seconded by
Council Member/Commissioner Baxter, that Agenda Item Nos. 47-51 be
continued to the budget meeting scheduled for June 16, 2009. No vote was
taken.
Council Member/Commissioner McCammack repeated her motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2009-163 was adopted with Baxter, Brinker and Johnson
voting "no".
48. RES. 2009-164 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Arias & Lockwood and the City of San Bernardino for
legal services in the case of Denuuiae Vinson v. City of San Bernardino, et aI.,
San Bernardino Superior Court Case No. CIVSS 818649. (See related Agenda
Item No, 47)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2009-164 was adopted with Baxter, Brinker and Johnson
voting "no".
49, RES. 2009-165 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Brunick, McElhaney & Beckett and the City of San
Bernardino for legal services in the case of Robert Walker v. City of San
Be17llJ1'dino, et aI., San Bernardino Superior Court Case No. CIVSS 814767.
(See related Agenda Item No. 47)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2009-165 was adopted with Baxter, Brinker and Johnson
voting "no".
28
06/15/2009
50. RES. 2009-166 - Resolution oC the Mayor and Common Council oC the City
oC San Bernardino authorizing the execution oC a ProCessional Services
Agreement between Lewis, Brisbois, Bisgaard & Smith and the City oC San
Bernardino Cor legal services in the case oC Edward Daves, et aI., v. City of
San Be17UU'dino, et aI., San Bernardino Superior Court Case No. CIVSS
815804. (See related Agenda Item No. 47)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2009-166 was adopted with Baxter, Brinker and Johnson
voting "no".
51. RES. 2009-167 - Resolution oC the Mayor and Common Council oC the City
oC San Bernardino authorizing the execution oC a ProCessional Services
Agreement with Munden, Odium & Hawes, LLP and the City oC San
Bernardino Cor legal services in the claim oC Sochilt Martinez. (See related
Agenda Item No. 47)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2009-167 was adopted with Baxter, Brinker and Johnson
voting "no".
52. RES. 2009-157 - Resolution oC the Mayor and Common Council oC the City
oC San Bernardino authorizing the execution oC a ProCessional Services
Agreement with Munden, Odium & Hawes, LLP and the City oC San
Bernardino Cor legal services in the claim oC Travis Walker.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that Agenda Item Nos. 47 through 56 be added
to the consent calendar. The motion carried unanimously.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2009-157 was adopted unanimously.
53. RES. 2009-158 - Resolution oC the Mayor and Common Council oC the City
oC San Bernardino authorizing the execution oC a ProCessional Services
Agreement with Munden, Odium & Hawes, LLP and the City oC San
Bernardino Cor legal services in the claim oC Steve Lowes.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that Agenda Item Nos. 47 through 56 be added
to the consent calendar. The motion carried unanimously.
29
06/15/2009
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2009-158 was adopted nnAnimously.
54. RES. 2009-159 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving and authorizing the amendment of Section 7 of
the Employment Agreement with Keith Kilmer due to an adminil<trative
error in the original agreement.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that Agenda Item Nos. 47 through 56 be added
to the consent calendar. The motion carried unAnimously.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2009-159 was adopted unanimously.
55. RES. 2009-160 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the obligation and expenditure of the allocated
FY 2009/10 Justice Assistance Grant (JAG) Funds and execution of a JAG
Interlocal Agreement between the City of San Bernardino and County of San
Bernardino.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that Agenda Item Nos. 47 through 56 be added
to the consent calendar. The motion carried unanimously.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2009-160 was adopted unAnimously.
56. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of Amendment No. 2 to the Agreement and an
increase to Purchase Order No. 302232 by an additional $32,400 to F1uoresco
Lighting & Signs for additional streetlight maintenance services.
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that Agenda Item Nos. 47 through 56 be added
to the consent calendar. The motion carried unanimously.
Subsequently, Agenda Item No. 56 was pulled by Council Member/
Commissioner McCammack for the purpose of discussion.
30
06/15/2009
Council Member/Commissioner McCammack stated that last May they talked
about contracting out street lighting maintenance services and how they would
save $80,000 for this fiscal year; however, the total cost of this item is now
$252,400. She stated that they were told that this would be a cost savings and
they laid employees off that were doing this work. Councilwoman McCammack
requested copies of previous staff reports and backup relative to this item and
requested that the matter be continued to the next meeting.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the matter be continued to the
Council/Commission meeting of June 16, 2009. The motion carried with
Kelley voting "no".
57. Public Comments
Jay Lindberg asked what it was going to cost to retrofit City Hall. Mr. Lindberg
also spoke about future budgets and the trade deficit.
58. Adjournment
At 7:46 p.m., the meeting adjourned to 4 p.m., Tuesday, June 16,2009, in the
Economic Development Agency Boardroom to consider the Fiscal Year 2009/10
City and Economic Development Agency budgets. The next joint regular meeting
of the Mayor and Common Council/Community Development Commission is
scheduled for 1:30 p.m., Monday, July 6,2009.
RACHEL G. CLARK
City Clerk
BY~ ~ ..t~H'AI4.~/
Linda Sutherland
Deputy City Clerk
31
06/15/2009
CITY OF SAN BERNARDINO
300 N. "D. Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patril:k J. Morris
Council Members:
Es/her Estrada
Dennis J, Box/er
Tobin Brinker
Fred Shorelt
CIws Kelley
Rilcke Van Johnson
Wendy McCammack
w
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT ADJOURNED REGULAR MEETING
JUNE 29, 2009
ECONOMIC DEVELOPMENT AGENCY
BOARDROOM
201 NORTH "E"SREET
SAN BERNARDINO, CA
This is the time and place designated for a joint adjourned regular meeting of the
Mayor and Common Council and Community Development Commission of the City of
San Bernardino from the joint adjourned regular meeting of the Mayor and Common
Council and Community Development Commission which was cancelled at 4:00 p.m.,
Wednesday, June 24, 2009, in the Economic Development Agency Boardroom, 201
North "E" Street, San Bernardino, California.
The City Clerk has caused to be posted the order of cancellation of said meeting
scheduled to be held on Wednesday, June 24,2009, and has on file in the office of the
City Clerk an affidavit of said posting together with a copy of said order which was
posted at 4:00 p.m. on June 22, 2009, on or near the door of the place where the joint
adjourned regular meeting was to be held.
The joint adjourned regular meeting of the Mayor and Common Council and
Community Development Commission of the City of San Bernardino was called to
order by Mayor/Chairman Morris at 4:12 p.m., Monday, June 29, 2009, in the
Economic Development Agency Boardroom, 201 North "E" Street, San Bernardino,
California.
1
06/29/2009
Roll Call
Present:
Mayor/Chainnan Morris; Council Members/Conunissioners Baxter,
Brinker, Shorett, Kelley, Johnson, McCammack; City Attorney Penman,
City Manager McNeely, City Clerk Clark.
Absent:
Council Member/Commissioner Estrada.
Council Member/Commil<<;ioner Estrada Arrived
At 4:15 p.m., Council Member/Commissioner Estrada arrived at the Council/
Conunission meeting.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a),
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of
Government Code Section 54956.9,
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code
Section 54957.
F. Conference with labor negotiator - pursuant to Government Code
Section 54957.6.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
Reading of Resolutions
City Clerk Clark read into the record the titles of all the resolutions on the regular
agenda of the Mayor and Common Council and Community Development Commission.
2
06/29/2009
2. RES. 2009-174 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of Amendment No. 2 to the
Agreement and an increase to Purchase Order Number 302232 by an
additional $32,400 to Fluoresco Lighting & Signs for additional streetlight
maintenance services. (Continued from June 16,2009.)
City Manager Charles McNeely provided a memo to the Mayor and Common
Council dated June 29, 2009, providing additional information regarding
Fluoresco Lighting.
Council Member/Commissioner McCammack made a motion that the matter be
tabled. The motion failed for lack of a second.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that full reading be waived; and that said
resolution be adopted. The motion carried and Resolution No. 2009-174 was
adopted with Estrada and McClImmack voting "no".
3. Budget deliberations - Fiscal Year 2009/10 - discuss and take possible
action concerning proposed City budget
Resolution of the Mayor and Common Council approving and adopting the
City of San Bernardino's fmal budget for fJScal year 2009-2010; and
establishing the City's appropriation limit as required by Article xm B of
the California State Constitution; and authorizing the transfer to the
General Fund of Adminiqrative Civil Penalties revenues collected pursuant
to San Bernardino Municipal Code Chapter 9.93 for violations of the San
Bernardino Municipal Code and held in trust; and repealing Resolution
2008-116. (3A)
RES. 2009-175 - Resolution of the Mayor and Common Council of the City
of San Bernardino, California, authorizing the City of San Bernardino to
establish 2009-2010 expenditures for the month of July, 2009 only, at one-
twelfth the actual levels contained in the adopted budget for 2008-2009
flSCllI year, or as needed to pay the authorized costs incurred for the month
of Jnly, 2009 only, pending fmal approval of the 2009-2010 budget, and
continuing the consideration of the City of San Bernardino's fmal budget
for fJScal year 2009-2010 and establishing the City's appropriation limit as
required by Article XIII B of the California State Constitution. (3B)
Note: No action was taken on Resolution 3A,
3
06/29/2009
The following documents were distributed:
. Interoffice Memorandum dated June 29, 2009, to the Mayor and
Common Council from Charles McNeely, City Manager, regarding
6/29 Budget Workshop Information
. Fiscal Year 2009/2010 Preliminary Budget: City of San Bernardino
(PowerPoint presentation by Charles E. McNeely, City Manager and
Barbara Pachon, Director of Finance)
Discussion ensued regarding several of the additional proposed budget savings
actions outlined in the PowerPoint presentation, including the question as to
whether the library qualifies for Cultural Development Fund monies.
City Attorney Penman advised that if the Cultural Fund is based on development
fees, there is a good likelihood it cannot be used for this purpose-that
development fees generally have to be utilized in the area where they are raised.
Relative to the Fire Chiefs proposed management reorganization with a
proposed savings of $223,000, Council Member/Commissioner Kelley
expressed concern about making a budget decision on any item that requires
Council action, prior to the Council taking that action. He questioned why this
particular item would be included in the budget before going to the Personnel
Committee and the Council for approval first.
City Attorney Penman advised that both he and Agency Counsel Sabo were very
concerned about at least two of the issues being proposed-one of them being
the use of funds from another project area to pay for security, janitorial, and
utilities at the Carousel Mall. He stated that this is contrary to state law;
specifically, Health and Safety Code Section 3345B, which states that a
redevelopment agency shall not pay for the normal maintenance or operations of
buildings, facilities, structures, or other improvements that are publicly owned.
He cautioned the Council about adopting a budget that may include illegal items,
or items that will not come to fruition. He stated that he and his staff and Mr.
Sabo needed additional time to look at these items to see if they are legal or not.
He advised that it is not good government to pass a budget that has not been
vetted by the City Attorney.
City Manager McNeely explained that in essence it is being recommended that
the Council adopt a budget that is over $140 million. Included in that budget
are a number of recommended activities and projections based upon what staff
feels will occur during the course of the year-and this happens every single
year. He stated that, hopefully, most of those things on the revenue side are
4
06/29/2009
realized-and during the course of that year staff tracks those items. He stated
that some of those items involve contracts and some involve negotiations with
separate entities; and staff then has to negotiate those items and bring them back
to the Council-and that is standard procedure.
He noted that there are occasions when negotiated items may come back with
agreements that are less than projected, but this does not prevent the Council
from adopting a budget based on these projections and directing staff to follow
through and implement those contracts or negotiate them and bring them back.
If, at some point, one of those items doesn't bear fruit as anticipated, staff
brings it back to the Council and looks at ways to balance it out.
City Attorney Penman stated that he agreed with Mr. McNeely that a budget is
generally a guideline that you follow that does change; and probably before
Proposition 13 in California, that was all a budget was. Today, however, under
the State Constitution that has changed, and there are now specific requirements
that Council's must follow when adopting a budget.
He informed the Council that if the State Constitution requires the City to adopt
a balanced budget, and if some of the proposals they are going to vote on are
not legal and/or cannot be spent for the purposes for which they are listed, the
Council is not going to be adopting a lawful budget in compliance with the State
Constitution. He stated that several such items have already been identified in
the two documents distributed as backup to this item, and there are numerous
legal problems in them.
Mr. Penman stated it was not prudent for the Council to act on a budget that
they don't have to act on, by law, today or tomorrow or next month, that may
not be legal. He stated that taking such action is only going to get the City into
a great deal of trouble and cost it a lot more money.
Mr. Penman indicated that he believed his staff and Agency Special Counsel
Sabo could look at these issues that they have identified in the budget and come
back to the Council within three to four weeks with the information needed to
make an informed decision.
City Manager McNeely stated he was not suggesting that the Council had to
adopt this budget today. He stated that he did not want to violate the law and he
did not want the Council members to interpret any of his remarks and comments
otherwise. He stated it is just a matter of process as far as he is concerned. He
stated that he would not bring back to the Council any documents (contracts)
without having the Attorney's office review them. He said that what he and the
City Attorney have is simply a disagreement about process.
5
06/29/2009
Mr, McNeely stated that what he has shared with the Council is based upon his
experience as a manager both in California and other places. He noted that
there are a number of cities that do tow operations and a number of cities that
do transfers and loans from one agency to the other; and as far as he knows,
none of them have gone to jail for that. It is simply a decision by the
policyrnakers that do that, with the review of the City Attorney's office to vet
the process and make sure that it is legally appropriate.
City Attorney Penman pointed out that what the Council is being asked to do
tonight is vote on the fina1 budget. He added that that does not mean it cannot
be changed later, but the final budget has to comply with certain legal
regulations and rules and he and his staff need the time to make sure it is in
compliance.
Discussion ensued regarding the proposal for a City-operated tow yard. Police
Sergeant Burgnan advised that there are other cities that operate impound yards,
and staff has come up with a plan for the City to maintain an inventory of
impounded vehicles. He stated that essentially the plan that has been developed
would maintain all of the City's existing tow carriers-they would perform all
towing services for the City-and the City would take possession of the
impounded vehicles, maintain possession of those, realize the revenue from the
daily storage on those vehicles, and the tow companies would continue to see
revenue from the tow itself, as well as revenue from all the other vehicles that
are stored.
City Attorney Penman noted that the City is allowed to recoup its costs, but
cannot be in the business of making money; and some of the Council members
questioned whether this would be a viable enterprise for the City. Mr. Penman
advised that before such a plan could be adopted, the anticipated $700,000 that
the City would receive would have to be zeroed out-that to adopt a budget
showing the City making a profit of $700,000 on an activity that we have never
done before and that we are doing as a service, with the income from the service
exceeding the costs that have been identified so far by the City, will not fly.
Some of the Council members felt they needed a better understanding of what
the impact would be to the tow companies. Others expressed their belief that no
government agencies should be in competition with the private sector-that in
fact there are some things that the private sector can do more effectively.
Police Chief Kilmer stated that the running of a tow yard by a police entity or
by a municipality is not an uncommon thing, noting that the City of Long Beach
operates its own towing operation. He noted that what the City of San
Bernardino is proposing is something different than what has been done in Long
Beach-more of a hybrid model with the City operating the yard for the
impounds only.
6
06/29/2009
The following individuals spoke in support of the tow companies and voiced
opposition to the City establishing and maintaining a storage facility for
impounded vehicles. They noted that the six local tow companies pay
combined franchise fees of over $460,000 annually to the City, that business is
already down 30-50%, and that this action would trickle down and affect other
businesses in town as well,
Larry Quiel, Vice.Chair of Business Support, San Bernardino Area Chamber of
Commerce;
Jason Desjardins, Big Z Auto Works;
John Vach;
Steve Johnson, President, Tri-City Towing;
Darren Desjardins, General Manager, Big Z Auto Works;
Randy Wyatt Jr., Wyatt's Paint and Body;
Brian Schooley, representing Pete's Road Service;
Mike Hileman;
Judi Penman, CEO, San Bernardino Area Chamber of Commerce;
Robert Walsh, representing Billy's Express;
Gary Stockman, owner of Stock All Services;
Jerry Lair;
Dominick Ferro, intern with the San Bernardino Area Chamber of Commerce;
Tim Megerle, Merit Oil Company;
Robert Gastel, President, San Bernardino Area Chamber of Commerce.
Joe Arnett pointed out what appeared to be an inconsistency, noting that at one
meeting the City is advocating outsourcing of services and the next they want to
handle things in.house. He stated that he would like to see the City do a better
job of providing information in advance of its meetings and that the process
needs to be much more transparent,
Warner Hodgdon expressed his personal support of what the mayor and staff
are trying to accomplish here in the city. He stated that he understands the
budget explicitly and re-submitted for the record a letter of support dated
Monday, June I, 2009.
Council Member/Commissioner McCammack asked that further discussion of
the towing proposal be held with the complete Council present rather than at the
committee level.
Council Member/Commissioner McCammack stated that she would like a
document that explains, for instance in the Fire Department, what is the
difference between the 06/07,07/08,08/09, and 09/10 budgets. She also stated
that they have not yet removed the nonessentials from the budget, and she
cannot support the budget as it now stands,
7
06/29/2009
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that full reading be waived; and that
said Resolution 3B, be adopted. The motion carried and Resolution No.
2009-175 was adopted unanimously.
4, RES. 2009-176 - Resolution of the Mayor and Common Council of the City
of San Bernardino setting the 2009 regulatory fee for the sale of fireworks
and amending Resolution 2009-122.
Council Member/Commissioner McCammack stated that her issue relative to
fireworks is the way the City handles the establishment and placement of the
fireworks booths; and she would like to see the matter referred to the
Legislative Review Committee.
Council Member/Commissioner Johnson stated that he would like to see a
conversation about elimination of fireworks in the city and how the City can
help the nonprofits tap into other revenue streams.
Jeff Brandenburg, Phantom Fireworks, asked the City to consider lowering the
10 percent fee and explained his rationale for same.
John Kelly, Vice President, TNT Fireworks, reiterated the comments made by
Mr. Brandenburg relative to various costs and a reduction of the 10 percent fee.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that full reading be waived; and that said
resolution be adopted. The motion carried and Resolution No. 2009-176 was
adopted with Johnson voting "No".
5. RES. 2009-177 - Resolution of the Mayor and Common Council authorizing
the City Attorney to cooperate with the League of California Cities, other
cities and counties in litigation challenging the constitutionality of any
seizure by State government of the City's street maintenance funds.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that full reading be waived; and that said
resolution be adopted. The motion carried and Resolution No. 2009-177 was
adopted unanimously.
6, RES. 2009-178 - Resolution of the Mayor and Common Council of the City
of San Bernardino adopting the Fiscal Year 2009/2010 through 2013/2014
Capital Improvement Program.
8
06/29/2009
Mayor/Chairman Morris explained that due to potential conflicts of interest,
which require certain Council members to recuse themselves from voting on
Capital Improvement Projects (CIP) located within 500 feet of real property
which they own or in which they have an interest, it would be necessary to take
three separate motions to approve the CIP.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that full reading be waived, and that
said resolution with attached Exhibit "A" be adopted; and that the Director of
Finance be authorized to incorporate the completed FY 2009/10 Capital
Improvement Program into the final FY 2009/10 budget. The motion carried
and Resolution No. 2009-178 and Exhibit "A" were adopted unanimously.
Council Member/Commissioner Estrada stated that she would abstain from
voting on Exhibit "B" because she owns or has an interest in real property
within 500 feet of CIP No. PR04-08. 8he left the boardroom and returned after
the vote was taken.
Council Member/Commissioner Baxter stated that he would abstain from voting
on Exhibit "B" because he owns or has an interest in real property within 500
feet of CIP No. 8804-116. He left the boardroom, returning after the vote was
taken.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, to adopt Exhibit "B" as attached and
made a part of said resolution. Exhibit "B" was adopted with Estrada and
Baxter abstaining.
Council Member/Commissioner Brinker stated that he would abstain from
voting on Exhibit "C" because he owns or has an interest in real property within
500 feet of CIP No. 8804-51. He left the boardroom, returning after the vote
was taken.
Council Member/Commissioner Johnson stated that he would abstain from
voting on Exhibit "C" because he owns or has an interest in real property within
500 feet of CIP No. 8806-11. He left the boardroom and returned after the vote
was taken.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner McCammack, to adopt Exhibit "C" as attached and
made a part of said resolution. Exhibit "C" was adopted with Brinker and
Johnson abstaining.
9
06/29/2009
7. Authorize the Director of Finance to amend the Mayor's Office FY 2008/09
budget by transferring $25,000 from the Mayor's Office ProfessionaI/
Contractual Account (No. 001-011-5502) to the Parks, Recreation and
Community Services FY 2008/09 budget Salaries-Temporary/Part-time
Account (No. 001-389-5014) for the purpose of augmenting the Parks,
Recreation and Community Services Department Swim Program for the
2009 summer season.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the Director of Finance be
authorized to amend the Mayor's Office FY 2008/09 budget and transfer
$25,000 from the Mayor's Office Professional/Contractual Account (No. 001-
011-5502) to the Parks, Recreation and Community Services FY 2008/09 budget
Salaries-Temporary/Part-time Account (No. 001-389-5014). The motion
carried nnanimously.
COMMUNITY DEVELOPMENT COMMISSION
R8. Budget Adoption - Fiscal Year 2009/10 - Economic Development Agency
Resolution of the Mayor and Common Council of the City of San
Bernardino, California, authorizing the funding of various City of San
Bernardino rlScal year 2009-2010 public improvement expenditures and
making findings and determinatious as to the benefit to the various
redevelopment project areas for undertaking public improvements in
counection with these various City expenditures. (R8A)
Resolution of the Community Development Commission of the City of San
Bernardino, California, approving the Economic Development Agency's
budget for the r1SC8l year 2009-2010 with any such amendments, changes
and modificatious that may be specifically authorized by said Commission,
except for those portions of certain budget lines which are related to the
Uptown Redevelopment Project Area. (R8B)
Resolution of the Community Development Commission of the City of San
Bernardino, California, approving the Economic Development Agency's
budget for those portions of certain budget lines which are related to the
Uptown Redevelopment Project Area for the r1SC8l year 2009-2010 with any
such amendments, changes and modifications that may be specifically
authorized by said Commission. (R8C)
10
06/29/2009
Resolution of the Community Development Commilil!lion of the City of San
Bernardino, California, authorizing the funding of various City of San
Bernardino rJSCal year 2009-2010 public improvement expenditures and
maki..g findings and determiuations as to the benefit to the various
redevelopment project areas for undertaking public improvements in
connection with these various City expenditures. (R8D)
Resolution of the Community Development Commilil'iion of the City of San
Bernardino, California, approving amendments to Exhibits "A" and "B",
deletion of Exhibits "C-64" through "C-66" and Exhibits "C-87" through
"C-89", and addition of Exhibits "C-93" through "C-114" of the Personnel
Policies and Procedures for all employees of the City of San Bernardino
Economic Development Agency. (R8E)
Resolution of the Community Development Commission of the City of San
Bernardino, California, approving the Economic Development Agency's
(" Agency") analysis and determiuation of the appropriateness of the
planning and admini!<tration expenditures of the Low- and Moderate-
Income Housing Fund for the rJSCal year 2009-2010 Agency Budget. (R8F)
RES. CDC/2009-29 - Resolution of the Community Development
CommililSion of the City of San Bernardino, California, authorizing the
Economic Development Agency to continue expenditures, except for those
portions of certain budget lines which are related to the Uptown
Redevelopment Project Area, at the budgeted level for the 2008-2009 fiscal
year, with allowance for those budgeted items having prior Commission
approval, pending rmal approval of the 2009-2010 budget. (R8G)
RES. CDC/2009-30 - Resolution of the Community Development
Commililsion of the City of San Bernardino, California, authorizing the
Economic Development Agency to continue expenditures for those portions
of certain budget lines, which are related to the Uptown Redevelopment
Project Area, at the budgeted level for the 2008-2009 rJSCal year, with
allowance for those budgeted items having prior Commission approval,
pending rmal approval of the 2009-2010 budget. (R8H)
Note: Resolution R8A was not distributed with the backup materials. No action
was taken on Resolutions R8A through R8F.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that full reading be waived; and that
said Resolution R8G, be adopted. The motion carried and Resolution No.
CDC/2009-29 was adopted unanimously.
11
06/29/2009
Council Member/Commissioner McCammack stated that she would abstain from
voting on Resolution R8H because she owns or has an interest in property
within 500 feet of the Uptown Redevelopment Project Area. She left the
boardroom and returned after the vote was taken.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that full reading be waived; and that said
Resolution R8H, be adopted. The motion carried and Resolution No.
CDC/2009-30 was adopted with McCammack abstaining.
It was the consensus of those present that the date and time for the next budget
meeting would be set at the regular meeting of the Mayor and Common
Council/Community Development Commission to be held on July 6,2009.
9, Adjournment
At 7:32 p.m. the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is
scheduled for Monday, July 6,2009.
RACHEL G. CLARK
City Clerk
By: ~f~Hd
Deputy City Clerk
12 06/29/2009